PI lawyers call for revival of child abuse cases if time-bar abolished

Personal injury lawyers have called on Scottish ministers to allow potentially thousands of historical child abuse cases previously rejected to be brought again if they lift a time bar on damages claims.

The Association of Personal Injury Lawyers (APIL) argues the cases should be revived because they were rejected for falling foul a three-year time bar.

It said the current reparation system is “unjust” but also said that, as an alternative, a redress scheme could be established to provide compensation to people whose cases were struck out because of the time-bar.

An estimated 1,000 adults who claim they were abused in Scotland’s care homes have been unable to pursue damages because of the limitation period.

The hopes of the claimants were dashed after two test cases failed in the House of Lords in 2008 as a result of the time-bar.

Victims called the decision a “victory for the devil”.

Five Law Lords ruled two people seeking £50,000 in compensation had left their claims for too long as the abuse complained of occurred over 40 years previously.

The pair claimed to have been abused by a religious order known as the Poor Sisters of Nazareth at Nazareth House at Cardonald in Glasgow.

A man and two women originally launched the claims, saying they were abused and beaten by the nuns.

At first instance, Lord Drummond Young in the Court of Session ruled the claims were time-barred with the Lords agreeing it was too late.

The Scottish government has put out proposals for consultation that suggest the three-year limit be removed.

APIL said the government must allow failed cases to be re-examined; that the new law should cover all children and that the time-bar should be abolished.

Gordon Dalyell, APIL’s Scotland representative said in a response to ministers: “Provision should be made for those who have brought their case previously, but who were rejected on the basis of limitation, to receive reparation.

“To do otherwise would create a grossly unjust state of affairs whereby people who have dared to come forward earlier are rejected but people who have waited longer are permitted to pursue their case.”

A government spokesman said: “This government has made clear that, in responding to the needs of the survivors of child abuse, we want to remove barriers.

“That’s why we have announced our intention to remove the legal time bar that prevents people raising civil actions and claiming compensation after more than three years for cases after 1964.

“The very issues raised by APIL are currently out to consultation and we welcome their views and those of other respondents.”